FAYETTEVILLE, W.Va. — The Fayette County Commission voted Aug. 6 to approve and sign an asset purchase agreement with West Virginia American Water that would transfer certain assets of three public service districts (PSDs) to the private utility.
The agreement approved by the commission covers aspects of the Armstrong PSD, the Cutoff Balls PSD and the Pace K and K PSD; the county’s legal staff described the document as a first phase of a multi‑step closing process that will require regulatory and creditor approvals before any sale can close.
County staff said the finalized draft includes protections for the county related to grant and loan repayment obligations and a phased approach to any base‑rate increases. “Because we have reached a point where the negotiations have finalized, we’ve got a draft that appropriately protects the county, and provides multiple safety nets for the county,” a staff member identified in the meeting as Michael said.
Under terms described during the meeting, signing the APA would not itself transfer ownership. County counsel and staff explained the sale must still be reviewed by the West Virginia Public Service Commission and may require consents from bondholders, environmental regulators and other third parties before a closing can occur. Michael said the closing is likely to take “many, many, many months.”
Commissioners voted to approve the agreement and authorize signature by the commission president; the motion carried on a voice vote. County staff said additional procedural steps and filings will follow, including joint applications to the PSC and any required consents.
Why it matters: If the sale proceeds after required approvals, ownership and operation of the affected PSD systems would move from the county/PSDs to West Virginia American Water, a change county staff said could affect rate structures, grant or loan repayment responsibilities and local oversight. The commission approved the APA as a negotiated framework while making staff responsible for advancing the subsequent approval process.
Next steps noted at the meeting include submitting the signed APA to West Virginia American Water, filing necessary materials with the Public Service Commission and resolving any bond or permit consents before a closing can be scheduled.